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2020: 10 Religious Problems That The Vietnamese Government Doesn’t Want You To Know About

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Photo courtesy: Luat Khoa Magazine.

Vietnam makes no progress with freedom of religion, which remains tightly controlled. 

Vietnam is among countries with the greatest diversity of religions, but it is also among those that suppress freedom of religion most heavily.

In 2020, ethnic Thuong in the Central Highlands, Hoa Hao Buddhists, independent Cao Dai practitioners, and followers of new religions in the northwest all had to pay the price for exercising their freedom of religion.  


1. No place for new religions

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Muong Nhe District police in Dien Bien Province urge residents not to follow new religions. Photo: Dienbientv.vn.

Vietnam possesses a great diversity of religions, but the government is quite strict with new ones.

Recently, a woman introduced me to Phap Mon Dieu Am. She advised me to eat vegetarian and call a phone number to receive “messages that will be imprinted on your heart”. 

Phap Mon Dieu Am is a new religion, and the Vietnamese government prohibits spreading it. 

Authorities worry that new religions will destabilize security and spur anti-government activities. All new religions are referred to generally as “heresies.” 

In the northwest region, especially Dien Bien Province, two new religions have sprouted, known as the Gie Sua and the Ba Co Do religions. 

The province has initiated criminal proceedings against three people for “acting to overthrow the people’s administration” and “harboring criminals” in relation to the Gie Sua religion. 

Dien Bien police also acknowledged that it has pressured residents to sign forms giving up their new religions.

“We went from house to house, explaining things to the residents and asking them to sign pledges giving up the Gie Sua religion, to not believe in the propaganda about establishing “the Mong Kingdom,” Major Vu Van Hanh told the Dien Bien Phu Paper in February 2020.

“As of today, the Na Co Sa border defense post has gotten 55 households/325 individuals to sign pledges giving up their heresies”, he said. 

Despite the government’s threats, other new religions continue to silently operate across the country. 

The Government Committee For Religious Affairs stated in 2015 that there were approximately 60 instances of new religions in Vietnam. 

And yet, throughout Vietnam, people could sometimes unexpectedly hear information about these strange, new religions like Phap Mon Dieu Am, Thanh Hai Vo Thuong Su, Gie Sua, Ba Co Do, Hoang Thien Long, Phap Mon Di Lac, Buu Toa Tam Giao, or Hoi Thanh Duc Chua Troi Me…

2. Ethnic Thuong living under strict religious policies

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Two of the three ethnic Ba-Na individuals arrested on March 19, 2020 for practicing the Ha Mon religion. Photo: Tran Hieu. 

Since 1975, the Thuong ethnic group has been beleaguered as they have never been in their history.

After the government forced them to give up their traditional faiths, many converted to Catholicism and Protestantism. However, the Thuong have not been able to escape government harassment and are not allowed to freely organize their religious activities. 

Peaceful civil activities such as gatherings and protests are all seen as linked to heresies. 

Dega Protestantism, Ha Mon, and the Protestant Church of Christ are all seen as heresies that mislead the masses.

In March 2020, three Ba Na followers of the Ha Mon religion that had absconded into the jungle for seven years were arrested on suspicion of spreading anti-state propaganda.  In June, rather than being charged, the three underwent criticism sessions before the people.

In July, another ethnic Thuong underwent a public criticism session for illegally crossing the border to Cambodia many times, propagating “heresy”, and distorting state policies.

Thuong refugees in Thailand have stated that members of their ethnic group from the Central Highlands escape across the Vietnamese border every month. Currently, there are a little over 500 Thuong refugees in Thailand.

3. Interfering in the internal affairs of religious organizations

The arms of the state reach deep into the internal affairs of religions.

In June 2020, the Government Committee For Religious Affairs ordered the Tien Thien Cao Dai Temple to “create regulations for active dignitaries and functionaries, as well as regulations to resolve letters of petition and grievance, and the selection of dignitaries to be applied to its followers”. These regulations should be the internal matters that the religious organizations voluntarily manage, but the government is directing them to comply with specific instructions.

In Phu Yen Province, local authorities and the Tay Ninh Holy See Cao Dai Great Temple, Vietnam’s largest Cao Dai organization, tried to take over the independent Phu Lam Cao Dai temple in June 2020.

In a conference marking 25 years of state management of the Cao Dai religion, “the church of churches,” i.e. the Government Committee For Religious Affairs, stated that it will increase its research to study more closely the Cao Dai religion and to manage this religion, preventing it from further splintering and having internal conflicts between the religion’s own organizations. 

In June 2020, the Diocese of Vinh decided to retire Dang Huu Nam, a clergyman well-known for his civil society activities.  After the decision, the People’s Daily and many anonymous pro-government web pages stated that the removal was well-deserved because of Nam’s anti-government activities.

4. Arresting Falun Gong practitioners

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The two women arrested by Ha Tinh Province police at the beginning of April 2020 for illegally spreading Falun Gong. Photo: Kiem Sat Newspaper.

As of October 2020, at least 66 Falun Gong practitioners have been arrested and punished administratively for storing or distributing flyers regarding the religion. You may yourself see in public spaces a number of people practicing Falun Gong, numbers which are growing by the day in Vietnam.

However, distributing flyers or practicing Falun Gong with others at home are considered violations of the law.  In Quang Tri, a high school principle was harshly disciplined for inviting a large number of people to his home to practice Falun Gong.

In July 2020, police arrested 28 people for attending a lecture on Falun Gong at a residence in Ha Tinh Province.

Local authorities state that spreading Falun Gong violates the law because the religion has yet to be recognized by the state.

But Falun Gong practitioners disagree with this.

“Our connections are very loose,” a Falun Gong practitioner stated in an interview with Luat Khoa. “We don’t organize into associations or anything like Catholicism or Buddhism.”

LIV, the organization that manages Luat Khoa magazine, has archived information regarding Falun Gong practitioners that have been arrested. This list is a part of a database on freedom of religion in Vietnam, which can be found at: https://www.liv.ngo/data/

Readers can also check out a number of other Luat Khoa articles to find out more about the Falun Gong: Is practicing Falun Gong legal?…, and our Religion Bulletins from MayJune, and September.

5. Controlling publishing

Arrested Falun Gong practitioners have been administratively punished based on a decree regarding publishing. Specifically, they were punished for distributing flyers without government approval.

Publication policies are particularly strict when it comes to religion or politics.

In 2012, the government stipulated that the borrowing or gifting of publications between citizens requires government permission.

The Government Committee For Religious Affairs manages the Religion Publishing House and is the department in charge of censorship for religious publications. 

Control of publishing certainly exercises a heavy influence on the development of religions, and it is impossible to avoid the idea that the government censors with a heavy hand to purposefully limit this development.

6. Punishing individuals

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Venerable Thich Quang Do.  Photo: AFP.

In February 2020, Vietnam’s longest imprisoned monk Venerable Thich Quang Do passed away. 

Before 1975, Venerable Quang Do actively mobilized for the Unified Buddhist Church of Vietnam. After 1975, he continued to lead this delegation, despite fierce government suppression that continued until his death.

Many other religious dignitaries remain subject to the government’s control and punishment.  

In January 2020, the head of Song Ngoc Parish Father Nguyen Dinh Thuc stated that he was banned from holding mass beginning in August 2019. Father Thuc is widely known by the public for his civil society activities among central Vietnamese fishermen after the Formosa environmental disaster. Between 2017 and 2019, the government banned him from traveling overseas twice.  

In February 2020, a Khmer monk named Seun Ty had his passport confiscated for two weeks, with the government threatening that he had violated Vietnam’s Cybersecurity Law. In May 2020, authorities refused to issue a passport to Nguyen Van Toan, a clergyman that often publicly criticized the government. 

After issuing complaints about discriminatory treatment, including instances of torture, families of a number of imprisoned religious activists stated that they had lost touch with their loved ones behind bars.

The government disapproves of religious activists linking with diplomatic missions of their own accord. 

The authorities ordered four religious activists in the Central Highlands, Pastors Nguyen Ngoc Khanh, Y Kuan E Ban, Y Quy Bdap, and Y Khen Bdap to come in for questioning after they met with an American delegation regarding religious freedom. 

7. Obstructing freedom of association

In 2020, the Unified Buddhist Church of Vietnam and the Pure Hoa Hao Buddhist Church continued to operate without legal recognition. As in previous years, members of the group were prevented by police from conducting ceremonies at their headquarters in March and July.

A number of members of the Unified Buddhist Church of Vietnam stated that the government interfered in the February 2020 funeral of Venerable Thich Quang Do, stripping them of the right to manage the event. The attempted seizure of the Phu Lam Cao Dai Temple also demonstrates that the government does not accept the idea of practitioners there operating independently.

8. Seizing property and possessions

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St. Joseph School, which is part of the Da Minh Tam Hiep Parish, is currently a medical facility within the Dong Nai General Hospital. Photo: The Dominican Sisters of St. Catherine Siena Tam Hiep.

The government has moved from seizing religious properties after 1975 to now “re-appropriating” them.

In 2020, Thi Nghe Parish in Ho Chi Minh City and the Dominican Sisters of St. Catherine Siena Tam Hiep in Dong Nai Province stated that the usage rights for two schools that the government previously borrowed were quietly transferred to state entities.

Policies from 2003 related to land and properties of religious organizations  helped local authorities gain usage rights over religious properties  that they were “borrowing.”

Currently, religious organizations do not have the legal grounds to demand their properties back if the government refuses to return them. 

Religious organizations that possess large pieces of land can also become targets of harassment. 

In Thua Thien – Hue Province, Thien An Abbey and provincial authorities are in conflict over the abbey’s land and property. The abbey’s 107 hectares of land has been continually chipped away by the government since 1975, without notification nor compensation. 

In June 2020, Thien An Abbey’s forests were attacked by individuals who cut down trees and sawed deeply into the roots of many conifers.

On August 13, 2020, an area household mobilized a group of men to hammer down stakes and put up barbed wire on a part of Thien An Abbey’s land.

Another problem is that religious organizations are not allowed to sell or purchase land and must wait on the government to provide it.

In Ninh Binh Province, members of the Dong Dinh Parish were extremely upset when local authorities refused to give their land to their church. After the parishioners had donated the land to the government to pass to the church in accordance with the law, commune cadres announced that they would not turn the land over to the church but instead, would build a flood-prevention dyke between the current church land and the land parishioners had given to the government.

9. Religious organizations hit with reprisals

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Letters police sent to members of Phu Lam Temple inviting them in for questioning. Photo: Cao Dai Orthodox Preservation.

In August 2020, a crowd that included residents and commune cadres protested for two days on land disputed by Thien An Abbey, local households, and the government.  The crowd hung up banners and used loudspeakers to decry the monks “taking their land.” 

In Phu Yen Province, after supporting the unsuccessful takeover of Phu Lam Temple, provincial authorities invited five members of the temple in for questioning. Authorities threatened these members, telling them that they had to accept the government’s takeover order.

In 2020, Central Highland provincial authorities accused the Protestant Church of Christ of using religious activities to incite people to oppose the government. Many members of this church were taken in for interrogation. 

10. Controlling the press

The Vietnamese government maintains a monopoly over all official media. With regard to religious issues, Vietnam’s journalists present information according to government instruction. In February 2020, Tuoi Tre Newspaper had to remove an article about Venerable Thich Quang Do’s career.

In June 2020, many publications simultaneously posted articles rejecting accusations in a 2019 international report regarding religion issued by the United States. In August 2020, the monks of Thien An Abbey issued a rebuttal to a report by Thua Thien – Hue Radio and Television, stating that it was untruthful and smeared the monks. 

In recent years, all official newspapers in Vietnam have criticized the Falun Gong movement and its ‘impropriety.” These publications have only conveyed government views rather than the views of its adherents.

Two Catholic webpages, Good News To The Poor and VietCatholic, remain blocked in Vietnam, as are many press organizations that speak up for religious freedom, such as VOA, RFA, BBC, RFI, and Luat Khoa Magazine.

There are no private television or radio stations that operate freely in Vietnam.

Human Trafficking

Toward Greener Pastures: A Reflection On Human Trafficking In Vietnam

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The 39 Vietnamese victims in the Essex Lorry Deaths. Photo: Essex Police/The Guardian

In October 2019, 39 people were found dead inside a sealed refrigeration trailer in Grays, Essex, in the United Kingdom. Initially thought to be Chinese, these people were, in fact, Vietnamese, mostly from Nghe An and Ha Tinh provinces in the north-central region of Vietnam, who had left their families and their homeland for a minuscule chance at a better life. 

“They were treated worse than cattle,” DCI Daniel Stoten, the lead investigator, told The Guardian.  This tragic event is now commonly known as the Essex Lorry Deaths. 

In response to this tragedy, Nguyen Xuan Phuc, who was the prime minister of Vietnam at that time, ordered an investigation into the incident. He ordered the Ministry of Public Security, the Foreign Ministry, and the two central provinces of Nghe An and Ha Tinh to investigate and find out cases of Vietnamese citizens being brought illegally to foreign countries and strictly handle the violations.

Yet, after almost two years, despite the sentencing and imprisonment of the people involved with the trafficking crimes and the investigations by Vietnam and other foreign governments, human trafficking in Vietnam continues to thrive.

Deutsche Welle, a media organization based in Germany, reports that the ongoing surge of COVID-19 cases in the country is pushing more and more Vietnamese citizens to turn towards smuggling and human trafficking to make ends meet. Despite the country’s closed borders, people are still able to move in and out of the country through routes passing through neighboring Myanmar and China. 

Michael Brosowski, the co-founder of the Hanoi-based Blue Dragon Foundation, a charity organization that deals with child rescue and human trafficking, mentions in the article that most of the cases he’s been handling involve women and girls from ethnic minorities. He also adds that there have been reports of girls being forced to work in karaoke bars, which are likely fronts for brothels. 

Human trafficking is a messy, disturbing, and heartbreaking issue. Yet, the fact that it continues to this day and that some people willingly choose to engage in it, or are left with no other choice but to resort to it, only underscores the importance and necessity of open dialogue and addressing it in the public sphere. In the context of Vietnam, it is essential to reflect on why it continues to be so prevalent and on why it has remained cancer growing seemingly unchallenged in Vietnamese society.

Human Trafficking in Vietnam

The United Nations defines human trafficking as “the recruitment, transportation, transfer, harboring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.” They add that “men, women, and children of all ages and from all backgrounds can become victims of this crime” and that the people who operate such practices often use “violence, fraudulent employment agencies, or fake promises of education and job opportunities to trick and coerce their victims.” 

The U.S. Department of State’s global report on human trafficking provides several facts and statistics regarding the troubled state of this issue in Vietnam and lays out several recommendations that the country should take in order to better improve this situation. Likewise, our own Jason Nguyen, in his piece regarding human trafficking, summarizes many of the key points and features of this aforementioned report.

To put it simply, The U.S. Department of State classifies Vietnam under its Tier 2 watchlist; this means that the country has not met its minimum standards in terms of eliminating human trafficking but is at least trying to do so. Continued failure to act and a lack of concrete action may lead Vietnam to be reclassified as Tier 3; countries that fall under this bracket will be barred from getting any financial assistance from the United States. Vietnamese citizens will also face heightened immigration restrictions and the assets of Vietnamese officials in the United States will be frozen as well. 

Regarding the actions Vietnam is currently undertaking to address human trafficking, Nguyen writes that the country has ramped up prosecution against human traffickers and has passed legal revisions to terminate ludicrous brokerage fees; these fees, if too steep, cannot be realistically paid. In effect, workers end up indebted to their employers

With regards to specific legislation, Nguyen notes that Articles 150 and 151 of the Penal Code are specific anti-trafficking provisions that aim to dissuade would-be traffickers; both carry hefty prison sentences and associated fines. Yet, despite being called “sufficiently stringent” in the U.S. Department of State’s report, the implementation of these laws is not ideal. Despite having more charges filed against human traffickers, the number of investigations and convictions has actually decreased. Poor data collection, inadequate monitoring, and problematic evidence collection continue to hinder Vietnam’s fight against human trafficking, despite the government providing personnel and state forces anti-trafficking training. 

The U.S. Department of State report also alleges that some Vietnamese government officials, at the commune and village levels, were complicit in the practice of trafficking itself. They allegedly accepted bribes from traffickers, overlooked trafficking indicators, and even demanded large sums of money from the victims prior to reuniting them with their families. 

As for the victims and perpetrators of human trafficking themselves, Nguyen writes that “over 60 percent of victims come from ethnic minority groups” and that both traffickers and their victims “share poor economic and educational backgrounds.” He also notes that most traffickers are also illiterate and have not finished high school. 

The Borgen Project, a non-profit organization that aims to make fighting poverty part and parcel of the U.S foreign policy, also notes several facts that highlight the plight of Vietnamese human trafficking victims; men, women, and children are all fair game in this industry and their servitude ranges from forced labor in various physically intensive industries, such as manufacturing or agriculture, to prostitution and sex work in brothels.

Addressing the Issue

The U.S. Department of State’s global report does an exceptional job in presenting the current state of human trafficking in Vietnam. Likewise, it also provides several suggestions and recommendations that the country should prioritize to improve the situation as soon as possible. Nguyen condenses these as follows:

  1. Bolstering collaboration with NGOs and civil society;
  2. Amending existing loopholes;
  3. Training law enforcement officials in domestic trafficking cases;
  4. Implementing policies;
  5. Increasing national funding for provincial-level authorities to assist victims of trafficking; and
  6. Inviting independent bodies to verify that the government has terminated forced labor in rehabilitation centers.

These suggestions are all well and good but they mostly seem to deal with the effects and the aftermath of human trafficking itself; even preventative measures such as information campaigns and policy formation skirt the root of the problem. They fail to get to the heart of the issue and sadly this almost guarantees that human trafficking in Vietnam will continue to exist and grow.

How then should we approach Vietnam’s human trafficking problem?

As mentioned earlier, the victims and perpetrators of human trafficking in the country do not come from privilege nor wealth. They are not from the upper or middle classes of society, nor have they completed their formal education; some cannot even read. They come from ethnic minorities and face daily challenges that would seem alien to those blessed with the sanctity of comfort. They constantly live in extreme poverty, and due to their actual and perceived lack of choice, are forced to latch onto any opportunity that comes their way just to be able to bring home food for themselves and for their families. Necessity and despair force both traffickers and their victims to do what they think they need to do, even if it means resorting to illegal and dehumanizing means. 

The hopeless deceive the hopeless with promises of greener pastures and a better life while concealing the risks, dangers, and reality.

Inequality, poverty, and social disparity are at the center of this issue and if Vietnam desires long-lasting permanent change regarding human trafficking, these need to be rightfully addressed and resolved. 

Granted, non-governmental organizations and volunteer groups, such as the Blue Dragon Children’s Foundation, exist and are already doing their part to help alleviate this situation. However, they lack the funds, manpower, and machinery to continuously push forward to bring about definite progress; only the Vietnamese government has an abundance of all three. And yet, the government seems content with keeping the status quo and staying at Tier 2. 

Hence, unless some form of change occurs within the government, or the human trafficking trade suddenly becomes less lucrative for those corrupt and morally bankrupt officials involved in it, more Vietnamese people face the risk of suffocating to death in a cramped enclosed space, thousands of miles away from their homes and loved ones.

Bibliography:

  1. BBC News. (2021, January 22). Essex lorry deaths: Men jailed for killing 39 migrants in trailer. BBC News. https://www.bbc.com/news/uk-england-essex-55765213.
  2. Gentleman, A. (2020, December 21). Essex lorry deaths: two found guilty over manslaughter of 39 Vietnamese people. The Guardian. https://www.theguardian.com/uk-news/2020/dec/21/essex-lorry-trial-two-found-guilty-over-deaths-of-39-vietnamese-people.
  3. Thuy, H. (2019, October 27). PM orders investigation into overseas trafficking of Vietnamese citizens – VnExpress International. VnExpress International – Latest news, business, travel, and analysis from Vietnam. https://e.vnexpress.net/news/news/pm-orders-investigation-into-overseas-trafficking-of-vietnamese-citizens-4002921.html.
  4. Bohane, H. (2021, June 11). Vietnam: Human trafficking on the rise amid COVID: DW: 11.06.2021. DW Made for Minds. https://www.dw.com/en/vietnam-human-trafficking-on-the-rise-amid-covid/a-57853994
  5. The United Nations: Office on Drugs and Crime. (n.d.). Human-Trafficking. United Nations : Office on Drugs and Crime. https://www.unodc.org/unodc/en/human-trafficking/human-trafficking.html.
  6. Office To Monitor And Combat Trafficking In Persons. (2021, July 1). 2021 Trafficking in Persons Report: Vietnam. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/vietnam/
  7. Nguyen, J. (2021, July 17). Q&A: What You Should Know About The Human Trafficking Situation In Vietnam. The Vietnamese. https://www.thevietnamese.org/2021/07/qa-what-you-should-know-about-the-human-trafficking-situation-in-vietnam/.
  8. Minh, H. L. (2020, January 18). 10 Facts About Human Trafficking in Vietnam. The Borgen Project. https://borgenproject.org/10-facts-about-human-trafficking-in-vietnam/. 

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Human Trafficking

Q&A: What You Should Know About The Human Trafficking Situation In Vietnam

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Photo credit: VnExpress/Nguyen Phuoc Vu (background photo), U.S. Department of State (screenshot photo). Graphic: The Vietnamese Magazine.

On July 1, 2021, the U.S. Department of State released its annual global report on human trafficking. The 2021 Trafficking in Persons report ranked Vietnam as a “Tier 2 Watch List” [1] for the third consecutive year.

According to the placement guiding [2], governments that fully meet the Trafficking Victims Protection Act’s (TVPA) minimum standards to eliminate human trafficking are placed on “Tier 1.” In contrast, countries that fail to meet minimum standards but make a significant effort to comply are ranked as “Tier 2.” 

However, these Tier 2 countries also risk being placed on a “Tier 3 Watch List” if they do not take “concrete actions” to combat the increasing number of human trafficking victims or if they fail “to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year.” 

Without a further genuine effort to improve the current situation, Vietnam could be downgraded to “Tier 3,” which might lead [3] to restrictions on financial assistance from the United States, the freezing of officials’ assets, and restrictions on immigration.

Human trafficking map, East Asia & Pacific region. Source: U.S. Department of State.

What is Vietnam’s current situation?

In Vietnam’s case, the State Department declares that the Vietnamese government “does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.”

The report acknowledges considerable efforts taken by Vietnam to eliminate human trafficking, including ramping up prosecutions against human traffickers, passing legal revisions to terminate hefty brokerage fees. Brokerage fees will make workers fall victim to debt bondage, and later they would be susceptible to forced labor. 

It also notices that Vietnam has enhanced worker protections, strengthened law enforcement, increased financial budgets to assist victims of trafficking, provided protection services for identified victims, and implemented extensive awareness programs in vulnerable ethnic communities.

Nevertheless, the country has not demonstrated sufficient effort regarding its anti-trafficking protocols, given the impact of Covid-19 on the overall capacity to combat illegal human trading activities, compared to the previous period. Furthermore, the report states that Vietnam has also fallen short on systematically identifying victims of trafficking, which results in “some victims [being] penalized for unlawful acts [that] traffickers [compel] them to commit.”

Who are the primary victims and offenders of trafficking activities?

The Blue Dragon Children’s Foundation, a non-profit charity that rescues and helps the victims of human trafficking in Vietnam, stated in a study [4] that over 60 percent of victims and traffickers come from ethnic minority groups, such as Hmong or Thai. Some of Vietnam’s northern border provinces, in which diverse groups of ethnic people dominate, witness the highest rates of illegal trafficking and border crossings.

According to the charity’s latest analysis [5], between 2012 and 2020, Hmong people accounted for over 32 percent of the total victims and 33 percent of the total traffickers, while only making up 1.4 percent of the country’s population.

Also, the traffickers, as well as their victims, share poor economic and educational backgrounds. Most of the prosecuted traffickers, around 80 percent, are illiterate or did not finish high school.

The lack of general knowledge about laws and human rights, coupled with grinding poverty, proves to be the main reason these people take up [6] trafficking or recruitment to generate extra income and “escaping” poverty.

At the same time, people between 19 to 25 years old are the most vulnerable to these illicit activities, while children under 16 account for 42 percent of the total number of trafficked victims. Based on gender, all of the 199 trafficked victims recorded by Blue Dragon were females. Meanwhile, male traffickers comprise nearly 60 percent of total prosecuted offenders.

In a majority of cases, the traffickers have close relationships with the victims. They could be their friends, family members, relatives, neighbors, or acquaintances.

Source: Blue Dragon Children’s Foundation. Graphic by South China Morning Post.

What are the common forms of trafficking?

Following the data compiled by the Blue Dragon Foundation, forced marriage and domestic servitude accounted for the majority of all prosecuted cases. The victims, mostly women, are often lured and misled by false promises of well-paid job opportunities in foreign countries, but they are eventually forced into marriage with Chinese men.

Other forms of human trafficking, which include [7] forced labor and commercial sex, are also ubiquitous.

Vietnamese workers, especially under labor export programs, are subject to forced labor when they cannot pay off their debts to their recruitment company. Meanwhile, some Vietnamese female workers travel to other Asian countries for brokered jobs [8] as hostesses in massage parlors, karaoke bars, or restaurants.

What are Vietnam’s prosecution laws against trafficking?

Overall, the Vietnamese government has displayed visible efforts in reinforcing its existing legal framework against human trafficking. The current anti-trafficking legislation [9] of Vietnam includes:

  • Article 150 of the Penal Code, which criminalizes labor trafficking and sex trafficking of adults. Offenders face up to 10 years of imprisonment and up to 100 million dong (US$4,330) in fines.
  • Article 151 of the Penal Code, which criminalizes labor trafficking and sex trafficking of children under 16. Offenders face up to 12 years of imprisonment and up to 200 million dong fines.

Despite being regarded as “sufficiently stringent” in the State Department’s report, current prosecution laws against trafficking in Vietnam still contain certain loopholes.

For example, the application of Article 150 to cases involving children between the ages of 16 and 17 remains ambiguous, leading them to be treated as adults. Therefore, the article does not fully constitute all forms of child trafficking.

Other notable shortcomings include the lack of law enforcement regarding domestic trafficking and forced labor, especially with male victims, and the insufficient training of law enforcement officers in handling such cases. These are some limitations that could hinder the country’s progress towards eliminating labor exploitation and the illegal activities of human trafficking.

What improvements could be made by Vietnam?

The State Department’s report proposed prioritized recommendations that the Vietnamese government could implement to improve the situation. 

These recommendations focus on:

  1. Bolstering collaboration with NGOs and civil society;
  2. Amending existing loopholes;
  3. Training law enforcement officials in domestic trafficking cases;
  4. Implementing policies;
  5. Increasing national funding for provincial-level authorities to assist victims of trafficking; and
  6. Inviting independent bodies to verify the government has terminated forced labor in rehabilitation centers.

Bibliography:

  1. Office To Monitor And Combat Trafficking In Persons. (2021, July 1). 2021 Trafficking in Persons Report: Vietnam. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/vietnam/
  2. Office To Monitor And Combat Trafficking In Persons. (2021a, July 1). 2021 Trafficking in Persons Report. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/
  3. Nguyen Dinh Thang. (2021, July 4). Buôn người: Việt Nam ở sát bờ vực chế tài theo luật Hoa Kỳ. Mach Song Media. https://machsongmedia.org/vietnam/chong-buon-nguoi/1727-buon-nguoi-viet-nam-o-sat-bo-vuc-che-tai-theo-luat-hoa-ky.html
  4. Sen, N. (2021, July 8). Young members of ethnic minority groups most at risk in Vietnam-China human trafficking trade: report. SCMP. https://www.scmp.com/week-asia/politics/article/3140227/young-members-ethnic-minority-groups-most-risk-vietnam-china
  5. Blue Dragon Children’s Foundation. (2021, July). Human Trafficking & Traffickers in Vietnam. Blue Dragon Children’s Foundation. https://www.bluedragon.org/wp-content/uploads/2021/07/Profile-of-trafficking-in-Vietnam.pdf
  6. Ibid., [4]
  7. Ibid., [1]
  8. RFA. (2021b, July 1). Việt Nam tiếp tục nằm trong danh sách cần phải theo dõi về tình trạng buôn người trong báo cáo của Bộ Ngoại giao Mỹ. Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/news/vietnamnews/human-trafficking-report-vn-stay-in-watch-list-tier-2-07012021203901.html
  9. Ibid., [1]

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Death Penalty

A Spark Of Hope For Ho Duy Hai’s Family As New Alibi Emerges

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Photo credit (background): Canva. Photo credit (from left to right): Ho Duy Hai’s family, Nguyen Lan Thang. Graphic design: The Vietnamese Magazine

On June 24, 2021, Attorney Tran Hong Phong, the lawyer for Ho Duy Hai and his family in their petition for his wrongful death penalty case, published a letter on his Facebook account, providing a new alibi regarding the case. Five lawyers (including Phong), two journalists working for a law newspaper, and Ho Duy Hai’s family jointly signed the letter.

The letter, which had been previously sent to the Procurator of Supreme People’s Procuracy of Vietnam and the Vietnamese authorities, provides convincing proof [1] to demonstrate that Ho Duy Hai was not the murderer of two post office workers in Long An Province in 2008.

Alternatively, the new evidence shows that on the evening of January 13, 2008, Ho Duy Hai actually did not go to Cau Voi Post Office, where the murder took place, but rather attended the funeral of Ho Chi, also known as Tu Lan, a neighbor who lived just 500 meters from Hai’s house.

Furthermore, the new evidence also shows that Ho Duy Hai was at the funeral from 7:50 pm until 9 pm, which coincides with the time the Long An Police investigative agency alleged he had entered the Cau Voi Post Office, at around 7:30 pm, to murder the two victims at around 8:30 pm allegedly. Seven witnesses, who also attended the funeral, including the deceased’s wife, have confirmed this fact.[2]

Ho Duy Hai received a death penalty for his convictions of homicide and robbery, despite “serious procedural shortcomings”[3] and violations of the defendant’s right to a fair trial. 

This controversial and invalid case has set his family and their attorney on a decade-long journey [4] of calling for the suspension of his execution. They finally reached a cassation trial [5] in 2020, but Ho Duy Hai was once again declared guilty of the crimes and sentenced to death.[6]

Although the presumption of innocence has been recognized [7] in its 2015 Criminal Procedures Code, Vietnam has fallen short of actually practicing this principle in its criminal proceedings. Quite commonly, the number of cases and the speed at which a case must be solved dwarf the importance of proper due process to uphold a fair and just trial. 

A local lawyer explained [8] that investigative agencies could deploy “professional” methods to extract forced confessions from people since these agencies “often hold prejudices” against the accused. Also, earlier this month, the People’s Court of Dak Song District, in Dak Nong Province, held [9] nearly 60 “pretend” trials, to meet its quota for a local judge to be reappointed, without any real defendants or victims.

However, the new evidence provided by his attorney might prove that Ho Duy Hai was wrongfully convicted, which would be a spark of hope for both the defendant and his family as the possibility of retrial could be high.

To strengthen the validity of the new proof, Attorney Phong confirmed that all seven witnesses “voluntarily provided the information and confirmation letters to affirm that their testimonies are true and vowed to take full responsibility under the law […].” 

In their letter, the attorney and the signees demanded Vietnamese government officials expeditiously verify the evidence, review the cassation decision, release defendant Ho Duy Hai on bail while awaiting verification; and review and resolve their previous petitions and demands.

The case of Ho Duy Hai has drawn wide attention from both national and international audiences, as he was convicted of murder and later sentenced to death via an opaque and unfair trial.

Bibliography:

[1] RFA. (2021, June 25). Vụ án Hồ Duy Hải: Luật sư cung cấp bằng chứng ngoại phạm mới. Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/news/vietnamnews/ho-duy-hai-case-lawyer-provides-new-proof-06252021081856.html

[2] HCMC Reporters. (2021, June 25). Vụ án tử tù Hồ Duy Hải: Luật sư cung cấp tình tiết bất ngờ. Dân Việt. https://danviet.vn/vu-an-tu-tu-ho-duy-hai-luat-su-cung-cap-tinh-tiet-bat-ngo-2021062515064789.htm

[3] Will, N. (2019, December 3). After Decade of Petitions, Vietnam to Re-consider Case of Death Row Inmate Ho Duy Hai. The Vietnamese Magazine. https://www.thevietnamese.org/2019/12/after-decade-of-petitions/

[4] Vi, T. Q. (2019, September 29). Wrongful Death Penalty Cases And The Families That The Inmates Left Behind. The Vietnamese Magazine. https://www.thevietnamese.org/2019/09/wrongful-death-penalty-cases-and-the-families-that-the-inmates-left-behind/

[5] Thereporter. (2020a, May 7). Ho Duy Hai’s Cassation Trial. The Vietnamese Magazine. https://www.thevietnamese.org/2020/05/ho-duy-hais-cassation-trial/

[6] Thereporter. (2020b, May 9). Ho Duy Hai’s Case Reaffirmed, Sentenced to Death Again. The Vietnamese Magazine. https://www.thevietnamese.org/2020/05/ho-duy-hais-case-reaffirmed-sentenced-to-death-again/

[7] V.L.L.F. (2018, June 1). Legal experts discuss presumption of innocence, due process principles in criminal proceedings. Vietnam Law and Legal Forum. https://vietnamlawmagazine.vn/legal-experts-discuss-presumption-of-innocence-due-process-principles-in-criminal-proceedings-6244.html

[8] Thi, D. (2021, June 25). Liệu có tái thẩm vụ án Hồ Duy Hải với chứng cứ ngoại phạm mới? Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/in_depth/will-the-ho-duy-hai-case-be-retrial-with-new-alibi-dt-06252021114054.html

[9] Duong, D. (2021, June 6). Tòa huyện lập gần 60 vụ án “ảo” để. . . một thẩm phán được bổ nhiệm lại? Dan Tri. https://dantri.com.vn/xa-hoi/toa-huyen-lap-gan-60-vu-an-ao-de-mot-tham-phan-duoc-bo-nhiem-lai-20210606162322706.htm

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